Allowed

Suresh Rajaram Kapse and Ors. v. the State of Maharashtra

Bombay HC17 Jul 2023BA/870/2023

Case brief

AI extract

What is this about?

Allowed bail to applicants in a criminal trial involving assault and intentional homicide, relying on the doctrine of parity with a co-accused previously released on bail. Ordered release upon bond and sureties.

What did the court decide?

Released on bail by furnishing P.R. Bond of Rs.25,000/- each with one or two sureties. Conditions of attendance and no witness interference imposed.

Suresh Rajaram Kapse and Ors. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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13-ba870-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.870 OF 2023

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2023.07.17 18:05:00 +0530

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Suresh Rajaram Kapse & Ors.… Applicants
V/s.
The State of Maharashtra… Respondent

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Mr. Arbaz Pathan for the applicants.

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Mrs. Rutuja Ambekar, APP for the respondent/State.

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CORAM :AMIT BORKAR, J.

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DATED:JULY 17, 2023

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P.C.:

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1.This is an application under Section 439 of the Criminal
Procedure Code, 1973 in connection with C.R. No.120 of 2022 of
Adgaon Police Station, Nashik under Sections 302, 143, 147, 323,
504 read with Section 149 of the Indian Penal Code, 1860.

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2.According to prosecution on 16 May 2022, the applicant
along with other co-accused assaulted the deceased. Accused
Vishal assaulted the deceased with wooden spade.

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3.The role attributed to the present applicants along with one
other accused Shobha Alias Alka Nivrutti Kapse is that they
assaulted the deceased with fist and blows.

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4.This Court in Bail Application No.3399 of 2022 has released
Shobha Alias Alka Nivrutti Kapse on bail by order dated 6 February

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13-ba870-2023.doc

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2023. On perusal of the statements of eye-witnesses Somnath and
Sindhu Kapse, the role of the applicant already released on bail is
similar to the role of the applicants in the present bail application.
The applicants are, therefore, entitled to the relief on the ground
of doctrine of parity. Hence, following order:

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a)The bail application stands allowed;

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b)The applicants shall be released on bail in connection with
C.R. No.120 of 2022 of Adgaon Police Station, Nashik under
Sections 302, 143, 147, 323, 504 read with Section 149 of the
Indian Penal Code, 1860 on furnishing P.R. Bond in the amount of
Rs.25,000/- each along with one or two sureties in the like
amount;

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c)The applicants shall attend concerned police station on first
Saturday of each month between 11.00 a.m. to 2.00 p.m. till the
conclusion of trial;

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d)The applicants shall remain present before the Trial Court on
each date unless specifically exempted;

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e)The applicants shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court;

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f)The applicant shall, at the time of execution of the bond,
furnish his address and mobile number to the investigating officer,
and the court concerned, and shall not change the residence till
the final disposal of the case;

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13-ba870-2023.doc

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5. The bail application accordingly stands disposed of. No costs.

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(AMIT BORKAR, J.)

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Suresh Rajaram Kapse and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Suresh Rajaram Kapse and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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